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Dave Sears
By LORI A. CARTER
THE PRESS DEMOCRAT
Petaluma restructured its police department Wednesday and laid off five other workers after employee concessions couldn’t be won in budget-cutting negotiations.
The City Council voted earlier this month to reconfigure the police leadership and eliminate five other positions to save $450,000. That triggered “impact bargaining,” where last-minute alternatives to cut the money from the city’s unions could have forestalled employee cuts.
Capt. Dave Sears, the No. 2 officer in the police department, was demoted to lieutenant under the cost-saving plan, a move that has caused concern within the police department and among some members of the City Council.
Sears, with Petaluma for 12 years including seven as a captain, said he is exploring legal options following the demotion, which will cut his pay by approximately $35,000, about 20 percent of his yearly salary.
“I think there are other solutions that could have been worked out. But so much of this has been done in the blind, so last-minute, we really don’t know,” he said.
The restructuring plan was proposed to the council by interim Police Chief Dan Fish, who, like Sears, is also a captain.
Fish, who has filled the vacant chief’s position for more than two years, told the council the two captains’ positions are no longer necessary and encouraged their abolishment effective Wednesday. Both Sears and Fish, should he not be hired as permanent chief, would then be reclassified at the lower rank and lower salary.
For Sears, that means a pay cut of approximately $35,000 now, to a lieutenant’s pay of about $140,000. Fish will continue to be paid as interim chief, more than $180,000.
The council approved the proposal on a 4-3 vote, with Mayor David Glass and Councilmembers Teresa Barrett, Mike Healy and Gabe Kearney supporting it.
Councilwoman Tiffany Renee said she believed Fish’s recommendation was self-serving, given that it would eliminate his closest competition for chief.
Councilmen Mike Harris and Chris Albertson argued that a department needs a second-in-charge to handle day-to-day operations under the department head.
Albertson, and some in the Police Department, expressed concern that the move to flatten the leadership structure essentially stifles upward mobility within the department.
They are concerned that younger officers with ambition will use Petaluma as a stepping-stone to advance to other departments, creating high turnover and less long-term experience for Petaluma.
Sears said he is considering filing a claim against the city over his demotion and pay cut. A claim is the first legal step before a lawsuit can be filed against a public agency.
“I was disappointed because I don’t think any study was done to see whether it was feasible,” he said.
Sears, 44, declined to discuss specifically what his claim would entail, but two sources within the department said it would allege unfair labor practices by the city.
The sources, who both declined to speak on the record, said the bargaining unit that represents public safety middle management twice proposed other options to save $35,000 by spreading the cuts around to more than just Sears. Both times, city negotiators rejected their offers<NO1><NO>, the sources said.
Fish and City Manager John Brown then proposed to save the $35,000 by abolishing both captains’ positions and demoting Sears.
Brown didn’t return a phone call seeking comment and Fish was on vacation.
Council members said they weren’t aware of other employee proposals to more broadly spread the cuts.
In an interview, Kearney said he would have been open to considering other options.
“But do I want to keep Dave Sears in the department at a lower salary and lay off an animal service technician so that as result we can only operate the animal shelter two days a week? No,” he said.
Glass said the issue was one of efficiency.
“The only question to me is, can we provide the same services to the city (without captains),” he said, acknowledging it was a “severe salary reduction” for Sears. “It’s an awful thing for the person who is getting the pay cut, but that employee still has a good, quality job.”
Kearney said he hoped the city’s unions might come forward with concessions before Sears’ demotion and the other layoffs took effect.
Sears has been a captain for seven years — often working on cost-savings measures.
“That’s one thing I took pride in last year,” he said. He said he renegotiated a couple of contracts that saved the city $100,000.
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As an outsider, when I read that a PD the size of Petaluma even HAD two captains, I was astonished…it only makes sense to get rid of the bloat at the top and save the line positions!
I have the answer to all of Petaluma’s money problems.
First utilize our fine Petaluma Police motor cycle officers on Washington street and ticket all the people driving and talking on the phones with out a wireless device. They should make about 500K in 3 months.
As for the demotion when you put 15 years of your life into a job any job it is really harsh to take a demotion just because they need to cut cost.
Now I’m thoroughly confused.
In Petaluma what are the overtime rules specifically for Cops and Fire? How many hours per week before overtime kicks in? How many hours per day?
Santa Rosa?
Sonoma County?
It would be nice if the PD would clarify those specific rules for us.
FSLA is a negotiation issue. They can negotiate to use FSLA or not. They usually avoid it because of the 86 hour rule, meaning they would only get straight time for the first 86 hours, instead of 80 hours and anything over 80 is overtime. For some reason, not very clear in FSLA, dispatch is held to a 43 hour rule. At 44, it is overtime. FSLA has a few other drawbacks for the employees. That is why it is usually avoided.
I believe this is what you wanted proof of:
The “7(k) Exemption.” Police employers may establish “alternative work periods” for police officers. If properly set up, these may increase the FLSA overtime thresholds beyond the normal 40 hour week, which means that officers in such departments are not entitled to FLSA overtime until they have exceeded the “7(k)” thresholds.
http://www.tml.org/legal_pdf/FLSA-Overtime-PublicSafety.pdf
Apology accepted.
Now now, if you ask me to provide proof then you need to reciprocate.
If cops are exempt from daily overtime then please provide a source.
That would certainly be a sensible exemption; firefighters as well.
I have no issue with being corrected, but please provide a source.
$170,000 a year for a Captain of a 50 man Department?
Sounds like Sears is a man without friends. The POA evidently has no interest in coming to his aid, which probably speaks volumes about his relationship with the rank and file, and Fish is more than happy to throw him under the bus. It may be lonely at the top, but it’s worse in the middle.
GAJ-I won’t even comment on the management fight, but the police officers in Petaluma should not get bashed. When Santa Rosa PD opted to sue for getting dressed Petaluma Police Officers declined to join the suit. Petaluma Officers did not take a penny even though they could have. It wasn’t right.
They do not get paid overtime beyond 8 hours in a day. There is an exemption that allows for shifts longer than 8 hours. They do get paid overtime for hours worked above 80 hours in a two week period. Look up 7k exemption if you wish to educate yourself.
Yes, of course it is good sport to bash cops, but you shouldn’t do it when you are ignorant of the facts.
Now that you ask, I was thinking of Santa Rosa cops, but I have to believe it is now common practice.
“By MIKE McCOY
THE PRESS DEMOCRAT
Published: Wednesday, July 9, 2008 at 3:43 a.m.
Santa Rosa’s police officers will soon begin getting paid to put on and take off their uniforms,
holsters and bulletproof vests during their regular work shifts, after winning the right to be
paid overtime for doing it on their own time. In a federal court-directed settlement expected
to be formalized next week, the city has agreed to pay 80 officers who sued the city an
average of $2,000 each and the officers’ lawyers $84,000 to settle the lawsuit.
The total cost to the city: $240,000 and a new policy that sets aside 10 minutes at the start
and end of their regular shifts for the city’s 140 police officers to change into and out of their
work clothes. “We were expected to be fully dressed and ready to go to the half-hour
briefing at 7 a.m.,” said Officer Ken Johnson, president of the Santa Rosa Police Officers
Association, which led the fight.”
LA also from 2009:
“A federal judge has ruled that Los Angeles police officers should be paid for the time it takes them to put on and take off their uniforms and safety equipment, a ruling that could potentially cost the LAPD millions of dollars in back pay and higher salaries.”
http://latimesblogs.latimes.com/lanow/2009/05/a-federal-judge-has-ruled-that-los-angeles-police-officers-should-be-paid-for-the-time-it-takes-them-to-put-on-and-take-off-t.html
They should have demoted them both to Lieutenant and let them each be acting chief for six months and discovered who was a better leader.
If neither was an effective leader demote them both to Sergeant and promote let the top level Sergeants take a crack at acting chief for six months.
If they really did that – a strong leader would emerge and it would be obvious. You have the right man in the job and save money and Petaluma would get better police service.
Logic, reason, and evidence can apply to even a situation like this. Unfortunately, it never is tried.
@GAJ – re your assertion: “Don’t forget that cops are now paid to get dressed” – citation, please?
Don’t forget that cops are now paid to get dressed; an even bigger reason to eliminate the 8 hour daily overtime rule and pay overtime for only more than 40 hours worked per week like the rest of the country…and like California was before 1999.
Thay have done well in the posts. Get everyone on board, that way wether the solution is legal or not, they won’t be able to help themselves but to cheer. Go sheople go!!!
I must first acknowledge the PPD has made HUGE improvements and in my opinion are doing a great job.
Having said that this is almost unbelievable! Fish could not even split the cut with Sears? What the hell kind of move is that.
It sets a CLEAR tone for the rest of the rank and file to look out for themselves.
Dan Fish and John Brown threw Sears under the bus so Fish could be the only guy in waiting for “Captain” and now they’re shocked as to why this is turned into a PR nightmare? – Everyone who works for Fish must be really excited to have him as a boss.
And the GOVERNMENT grows smaller.
Not exactly the 1st place “I” would cut but I’ll gladly take smaller GOVERNMENT however the libs decide to do it.
Keep up the good work!!
“…..said he is exploring legal options following the demotion,…”
The poor baby. The poor little baby cop. Couldn’t make as much in pay anywhere else, so he threatens legal action.
Fire him. Let him experience what other Americans have had to go through.
Too Funny! these folks are racing to clobber each other over the head!
Who else don’t we need? Off the boat, we only have rations for management!
Someone might want to call S/R and tell them how that redevelopment thing works out in the end.
Just a few years ago Petaluma could not waste enough money on redevelopment,regulating unpopular business out of town and climate change. Well, Now they have it!